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36 Crim. L. Bull. 453 (2000)
Treatment of Statutes Requiring All-Party Consent to Tape Recording: Judicial Interpretation or Nullification

handle is hein.journals/cmlwbl36 and id is 455 raw text is: TREATMENT OF STATUTES REQUIRING ALL-PARTY CONSENT TO TAPE RECORDING: JUDICIAL INTERPRETATION OR NULLIFICATION? By Carol M. Bast* In 1997, Monica Lewinsky, a former White House intern, began telling Linda Tripp, a former colleague, about an alleged sexual relationship with President Clinton. Tripp surreptitiously began to tape the conversations.' Tripp made some seventeen audiotapes containing approximately twenty hours of telephone conversations. Apparently Tripp completed most of the taping from her home in Maryland.2 In January 1998, Tripp contacted the of- fice of independent counsel Kenneth Starr to report that she planned to meet with Lewinsky. Tripp and Lewinsky met for lunch one day that month at the Ritz-Carlton Hotel in Pentagon City. Tripp wore a secret listening device wired by FBI agents. The device allowed prosecutors and gumshoes upstairs in the hotel to monitor the lunch conversation; the conversation also was recorded. A few days later, the FBI again wired Tripp for a meeting with Lewinsky at the bar of the Ritz-Carlton. There, deputies from the inde- pendent counsel's office presented Lewinsky with the evidence.' Lewinsky had given a January 7, 1998 affidavit in the Paula Jones sexual harassment lawsuit. In the affidavit, Lewinsky denied having an affair with the president; however this denial contradicted what she had told Tripp. In some of her conversations with Tripp, Lewinsky said that the president and his close friend Vernon Jordan had directed Lewinsky to testify falsely in the Jones lawsuit.' On July 7, 1998, the Maryland state prosecutor announced that a grand jury would investigate criminal charges against Tripp for violating Maryland * Carol M. Bast is an Associate Professor in the Department of Criminal Justice and Legal Studies at the University of Central Florida, Orlando. I Brian Duffy & Michael K. Frisby, Clinton Faces New Scrutiny Into Sex Life Amid Allegations of Liaison with Intern / Starr Investigates if Woman Was Encour- aged to Lie; President Issues Denial, Wall St. J., Jan. 22, 1998, at A20. 2 Sean Holton, Newsweek puts its tale of tape online, Orlando Sentinel, Jan. 22, 1998, at A-4. Tripp used a voice-activated Radio Shack model hooked up to the phone in her study, which automatically picked up all phone conversations. George Lardner, Jr., The Tapes, Washington Post, Sept. 22, 1998, at A22. 3Michael Isikoff & Evan Thomas, Clinton and the intern, Newsweek, Feb. 2, 1998, at 30, 41. * Id. at 41, 42. 5 Susan Schmidt et al., Clinton Accused of Urging Aide to Lie; Starr Probes Whether President Told Woman to Deny Alleged Affair to Jones's Lawyers, Wash. Post, Jan. 21, 1998, at AOl. 453

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